More marijuana is on the way for patients in Arkansas.
A third dispensary is set to be inspected June 6th in Clinton, but as lines continue outside the two open pot shops, we keep hearing persistent questions.
We'll sum up the answers for you in three parts.
PART 1 – Of Doctors, Documents & Dime Bags
When you're waiting in a line for several hours, you tend to share stories and ideas. That's what we saw over last weekend and Monday as marijuana sales kicked off.
Many thought the day would never come and some are confused by the constant mixed signals. That's why there are still some questions about how Amendment 98 works, who it serves and some of the consequences.
Number One: How do I get a card?
- You need to suffer from one of 18 recognized conditions. Go to a doctor and get written certification. Then, send or take your application, along with $50, to the state health department.
Number Two: Does MY doctor have to sign the papers?
- No. They may be personally opposed to it or perhaps work for a hospital group that is. But based on the thousands of cards issued, you can find a doctor if you look around. Places like My Medical Card in Hot Springs will give you the exam, go over your records and help you if you qualify. And remember, these doctors will charge you as well, usually around $150.
Number Three: Will insurance pay for cannabis?
- As of now, not directly. And it's probably complicated to do it indirectly.
The reason? This is an all cash business. Remember, marijuana is still considered an illegal narcotic by the federal government. Banks can't directly hold cannabis cash. That's considered dirty drug money to the feds. If banks can't be involved, it's going to be hard for insurance companies to do business. But attorney general Leslie Rutledge is among A.G's across the country asking Congress and regulators to rethink all that.
PART 2 – You Down With OPP?
Let's talk about OPP: Other people's pot.
Very little good, legally, comes from sharing medical marijuana, unless you're a caregiver. When they first started lining up over the weekend, several in the crowd wondered if they could have someone else fill their prescription.
No. Only medical marijuana card holders or employees are even allowed through the doors. We in the media couldn't even go in and see the first reactions like we've seen in other states.
But, there is someone else who can buy legal weed: caregivers.
They wrote Amendment 98 so that a disabled person wouldn't be expected to have to go get medicine on their own. So, a person like a health care worker or nurse can apply for a caregiver card on a patient's behalf.
You fill out the form, pay a $37 fee and agree to go through a background check. You can't have a conviction for certain felonies on your record. Add in the $50 fee to get a card, then send or take it to the Department of Health. Now you can get inside.
Also, if a person under 18 is qualified, they can't legally go into a dispensary. In that case, a parent can get the caregiver card and not have to pay the $37 background check.
Once a caregiver gets cannabis, it's illegal to consume any of the stuff you got for your patient. If you get caught, it's going to be just like you had weed you bought on the street or taking someone else's pain meds.
The state has software and bio-markers to keep track of the legal stuff grown and sold here, though it won't be easy to figure out, if say, you're pulled over by police.
But most will get these cards to give care to their loved ones or clients. And besides, if they need it too, a caregiver can also get their own marijuana card if they have one of the 18 qualifying conditions.
The lone exception when it comes to sharing: Two people with active cards can share up to 2.5 ounces. But, they can't share with anyone else and they certainly can't sell it.
PART 3 – Edibles, Guns & Grey Areas
The big haze that will continue to linger over the marijuana issue is this:
Will the federal government ever change the way they classify the drug? Will the feds ever make it legal?
Until that happens, pot users from Colorado to Clinton, Arkansas will be dealing in grey areas, especially when it comes to guns. As people lined up this past week, that topic often came up.
Do I have to give up my weapons if I get a marijuana card?
For the most part, that answer is no. The U.S. Constitution's 2nd Amendment says no government can take your guns, but if you want to buy a new gun through a federally licensed dealer, you're going to have a problem. You're going to have to tell the truth on the application.
They frown upon people who regularly use a drug they consider illegal. But if you already have a gun, already shoot a gun, and want to trade weapons or obtain guns outside the federal procedures, you should be good, according to the lawyers we've talked with.
Of course when we asked the government these questions, they deferred. Here in Arkansas, it will be a law enforcement decision. So try not to have any run-ins with the law.
The other big question right now is:
Do we have to smoke it? Can we get edibles here?
There's good news for grown-ups.
The Commission says edibles are on the way but they can't look sweet. No cookies, brownies or candies. That last one means: no gummy bears.
But, if you want something chewable, they can sell something shaped like a pill or capsule. Bottom line, nothing that would attract kids.
Those new products are due on shelves from the cultivator late next week.